Meghnad Desai

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Meghnad Desai

Stop all activity at Old Delhi site: ASI to HC

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The Archaeological Survey of India (ASI) on Wednesday asked the Delhi High Court not to allow any activity or construction at the Subhash Park site near Jama Masjid, where remains believed to be that of the Mughal-era Akbarabadi Masjid have been excavated.

It also submitted that the protection of the site should be the Delhi Police's responsibility.

A full bench of the High Court, headed by Acting Chief Justice

A K Sikri, reserved its order on the matter and asked all parties concerned to maintain peace and harmony in the area till the ASI finished its investigation and filed its report.

The ASI counsel told the bench that there was no controversy about the agency taking over the site and that it was ready to start preliminary investigations. However, he said full-scale excavation could only start after the monsoon, as there was a possible threat of water-logging.

Last week, the court banned construction at the site and asked the ASI to investigate whether the excavated remains are that of Akbarabadi Masjid.

During the hearing, police told the court that Matia Mahal MLA Shoaib Iqbal, who started construction of a mosque on the site, should be directed to desist from raising people's passion.

Pawan Sharma, the standing counsel (criminal) appearing for police, said: "We are complying with the High Court order. But Shoaib Iqbal be directed not to create any tension in the area."

Iqbal, on the other hand, filed an application and sought the court's direction to police to allow people to offer prayers near the site during Ramzan. The bench, however, declined the plea. It said the court couldn't interfere if police have cordoned off the area to maintain law and order.

The court also heard a petition by the Akhil Bharat Hindu Mahasabha (ABHM), which had earlier filed an intervention application in the case asking the court to remove the recently constructed structure from the site.

... contd.

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